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Immigration Law

CA11 on Continuances: Ferreira v. U.S. Atty. Gen. (Updated)

"Anderson Ferreira, a native and citizen of Brazil, sought a continuance of his deportation proceedings to await the availability of an immigrant visa based on his approved I-140 petition.  After the Immigration Judge denied Ferreira’s motion for a continuance, he appealed to the Board of Immigration Appeals (“BIA”).  The BIA dismissed the appeal, and Ferreira moved for reconsideration, which was also denied.  Ferreira now seeks review of the BIA’s denial of his motion for reconsideration.  In his petition, Ferreira argues that the BIA abused its discretion by failing to consider the factors set forth in Matter of Hashmi, 24 I. & N. Dec. 785 (BIA 2009) and Matter of Rajah, 25 I. & N. Dec. 127 (BIA 2009).  We agree that the BIA erred in failing to abide by its own precedent, and, accordingly, grant the petition, vacate the decision of the BIA, and remand for further proceedings." - Ferreira v. U.S. Atty. Gen., Apr. 16, 2013.  [Hats off to Nicolas Olano!]

And from Ben Winograd and IRAC, the backstory: